Western Australian Current Acts Western Australian Current Acts[s.52]
[Division 1 (cl. 1-7) omitted under the Reprints Act 1984 s. 7(4)(e).]
[Division 2 (cl. 8) deleted: No. 58 of 1999 s. 44(1).]
[Division 3 (cl. 9) deleted: No. 58 of 1999 s. 72(1).]
Division 4 — Gas Corporation Act 1994 2
In this Division the
Gas Corporation Act 1994 2 is referred to as the principal Act.
The commencement time
for this Division, except clauses 16, 17(1) and (2), 18, and 20, is the
pipeline transfer time.
[ 12-18. Omitted under the Reprints Act 1984 s.
7(4)(e).]
[ 19. Deleted]
A regulation
purporting to have been made under the principal Act, and anything purporting
to have been done under the Act or the regulations, is and always was as valid
and effective as it would have been if the amendments made by clauses 16,
17(1) and (2), and 18 had at all relevant times been made.
Division 5 — Land Acquisition and Public Works Act 1902 7
In this Division the
Land Acquisition and Public Works Act 1902 7 is referred to as the principal
Act.
[ 22, 23. Omitted under the Reprints Act 1984 s.
7(4)(e).]
24 . Sections 29, 29A, and 29B not to apply
Sections 29, 29A, and
29B of the principal Act do not apply to or in relation to land in the DBNGP
corridor as defined in section 27 of this Act.
25. Application of section 33A
For the purposes of
section 33A of the principal Act, the DBNGP Land Access Minister is a local
authority.
Section 33F of the
principal Act does not apply to or in relation to the taking of land for the
purpose of a conferral of rights by the DBNGP Land Access Minister under
section 34 of this Act.
Section 45A of the
principal Act does not apply to or in relation to —
(a) the
taking of land for the purposes of this Act; or
(b) the
determination of a question arising upon a claim for compensation under
section 42 of this Act.
28. Taking of land to be as if for the conferral
of rights
When applying the
principal Act, the taking of land for the purposes of Part 4 or Schedule 2 of
this Act is to be regarded as being for the purpose of the conferral of rights
under Part 4 of this Act, whether or not rights have already been conferred
under that Part in respect of the land.
Division 6 — Land Administration Act 1997
In this Division the
Land Administration Act 1997 is referred to as the principal Act.
The commencement day
for this Division is the day fixed under section 2(1) of the principal Act 1 .
[ 31, 32. Omitted under the Reprints Act 1984 s.
7(4)(e).]
Section 167 of the
principal Act does not apply to or in relation to the taking of land for the
purpose of a conferral of rights by the DBNGP Land Access Minister under
section 34 of this Act.
34. Sections 187-191 not to apply
Sections 187 to 191 of
the principal Act do not apply to or in relation to land in the DBNGP corridor
as defined in section 27 of this Act.
35. Taking of land to be as if for the conferral
of rights
When applying the
principal Act, the taking of land for the purposes of Part 4 or Schedule 2 of
this Act is to be regarded as being for the purpose of, and the land is to be
regarded as being required for the purpose of, the conferral of rights under
Part 4 of this Act, whether or not rights have already been conferred under
that Part in respect of the land.
Division 7 — Local Government Act 1995
36 . Payment in place of local government rates
(1) The DBNGP Land
Access Minister is not liable to pay rates in respect of land in the DBNGP
corridor.
(2) A holder of rights
conferred under section 34 of this Act or the holder’s nominee approved
under section 34(3) of this Act is not, as the holder of those rights or the
holder’s nominee, liable to pay rates.
(3) The DBNGP Land
Access Minister is to pay to each local government in the district of which
there is any utilised corridor land an amount equivalent to the rates that
would have been assessable in the hands of an owner holding the fee simple in
the land whose rates were assessable on the basis of unimproved value.
(4) An amount payable
under subclause (3) is to be treated for the purposes of Part 4 of this Act as
a part of the cost of administering that Part.
(5) In this clause
—
DBNGP corridor and DBNGP Land Access Minister
have the meanings given by section 27 of this Act;
rates means rates under the Local Government Act
1995 ;
utilised corridor land means land in the DBNGP
corridor in respect of which rights under section 34 of this Act are held,
regardless of whether rights are held by one holder or several holders.
Division 8 — Petroleum Pipelines Act 1969
In this Division the
Petroleum Pipelines Act 1969 is referred to as the principal Act.
(1) Any pipeline in
the privatised DBNGP system is a pipeline for the purposes of the principal
Act despite the exceptions to the definition of pipeline in that Act.
(2) At the pipeline
transfer time —
(a) the
DBNGP owner, as defined in section 46 6 of this Act, becomes, and is to be
registered as, the holder of a licence granted under the principal Act the
term, conditions, and other details of which are as determined by the Minister
responsible for the administration of the principal Act; and
(b)
consent to the operation of the pipelines in the privatised DBNGP system is to
be regarded as having been given under section 36 of the principal Act.
(3) Subsection (2)(b)
does not remove the requirement for consent under section 36 of the principal
Act to be obtained in any other circumstance in which the principal Act
requires it.
39 . Section 7 (power of Minister to authorise
entry)
The power given by
section 7(1) of the principal Act to the Minister referred to in that
provision is not to be exercised in respect of land in the DBNGP corridor, as
defined in section 27 of this Act, until the DBNGP Land Access Minister, as
defined in that section, has been consulted.
40. Section 8 (application for licence)
Obtaining rights under
section 34 of this Act in respect of land or being approved under subsection
(3) of that section as the nominee of the holder of those rights is to be
regarded, for the purposes of section 8(1)(f) of the principal Act, as
acquiring the land.
41. Section 12 (conditions of licence)
For the purposes of
section 12(3) of the principal Act —
(a)
rights conferred under section 34 of this Act in respect of land are capable
of being a sufficient authority over the land; and
(b)
becoming the holder of those rights or the holder’s nominee approved
under section 34(3) of this Act is a sufficient acquisition of those rights.
42 . Section 21 (access provisions)
Section 21 of the
principal Act does not apply to the privatised DBNGP system.
43 . Section 27 (removal of property)
(1) For the purpose of
enabling a direction to be given in an instrument under section 27 of the
principal Act to a licence holder, property of the licence holder or a nominee
of the licence holder approved under section 34(3) of this Act that —
(a) was
assigned under Part 3 of this Act to the property holder or a person through
whom the property holder took the property; and
(b) is
in the DBNGP corridor as defined in section 27 of this Act,
may be specified in
the instrument as if it had been brought there by a person engaged or
concerned in the operations authorised by the licence.
(2) In this clause
—
licence holder means a person who is or was the
holder of a licence under the principal Act;
property holder means the licence holder or a
nominee of the licence holder approved under section 34(3) of this Act.
44 . Section 34 (pipeline standards,
specifications, and conditions)
(1) Any pipeline that
was part of the corporation’s DBNGP system is to be taken, for the
purposes of the principal Act, to have been constructed in accordance with any
standards, specifications, and conditions prescribed under that Act.
(2) A licence under
the principal Act cannot impose any standards, specifications, or conditions
in respect of a pipeline described in subclause (1) except to the extent that
they relate to the operation or maintenance of the pipeline.
[Division 9 (cl. 45) deleted: No. 58 of 1999 s. 44(2).]
Division 10 — Zoning legislation
46 . Operation of pipeline to be regarded as
permissible use
(1) For the purposes
of any written law under which restrictions are placed on the purposes for
which land may be used, the operation of any pipeline in the DBNGP corridor as
contemplated by this Act is to be regarded as being within the purposes for
which land in the DBNGP corridor may be used.
(2) In subclause (1)
—
DBNGP corridor has the meaning given to that term
in section 27 of this Act.